Court No. - 70
Case :- APPLICATION U/S 482 No. - 36212 of 2019 Applicant :- Sameer Khan @ Notish And 4 Others Opposite Party :- State Of Up And Anr Counsel for Applicant :- Mohd Imran Khan Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 28.5.2018 as well as entire proceedings of Criminal Case No. 4021 of 2018 (State vs. Sameer Khan @ Notish) arising out of Case Crime No. 200 of 2018, under Sections 323, 498-A, 504, 506 and 3/4 Dowry Prohibition Act, police station Kotwali, district Rampur.
It is submitted by learned counsel for the applicant that applicant nos. 1, 2, 3, 4 and 5 are husband, mother-in-law, uncle-in-law (Mamiya Sasur), unmarried sister-in-law (Nand) and married sister-in-law (Nand) of opposite party no. 2 respectively. The Marriage of applicant no.1, Sameer Khan @ Notish was solemnized on 17.3.2014 with opposite party no. 2, Preeti, but their marriage was not successful, as a result thereof, opposite party no. 2 lodged the impugned FIR on 13.3.2018 against the applicants making allegation of her harassment and torture on account of non fulfillment of demand of dowry by the accused-persons, in which the Investigating Officer after investigation submitted charge-sheet on 28.5.2018. Thereafter parties concerned have settled their dispute outside the court and in this regard compromise deed has also been executed between applicant No. 1 and opposite party No. 2. It is further submitted that the said compromise has been filed on 28.3.2019 before the concerned court below, which has been appended as annexure No. 2 to the application.
Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, as such said compromise has to be duly verified in presence of the parties concerned before the Court.
Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise has already been filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.
Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 27.9.2019 Sumaira